The developer of a proposed quarry north of Moretown on Route 100B will appeal the Vermont Agency of Natural Resources denial of a discharge permit.

Developer Rich Rivers, Waitsfield, said that he was confident his experts had supplied the appropriate information required and that the proposed quarry would receive the permit.

The proposed quarry is planned for 93 acres off Route 100B about 2.5 miles north of the village of Moretown, in an area zoned agricultural/residential. The quarry would produce about 75,000 cubic yards of stone annually over the course of 33 years, according to the project application.

DISCHARGE INTO STATE WATERS

In an April 15 letter, Brian Koolker, chief of ANR's direct discharge division, notes that the state's denial is based on concerns that there will be discharge from the quarry, to state waters.

Rivers submitted an application for the discharge permit in December 2007. Prior to that, he has submitted data to the state regarding indirect discharge in 2004 and had been told by the state that he did not need such a permit.

"As you are aware previous submittals for this project were subject to two staff reviews and a Reconsideration Hearing conducted by the Commissioner of the Department of Environmental Conservation in 2004," Koolker wrote.

PERMIT NOT REQUIRED

"At that time, the Agency determined the proposed wastewater treatment system for this project would not result in a direct discharge to waters of the state and as such a discharge permit was not required," he continued.

"Our review of your current application indicates that your current proposal has been significantly modified from the wastewater treatment system that was proposed in your 2004 submittal. There have been modifications to the outlet structure which increases the discharge from the basin and have significantly increased the potential for a discharge to waters of the state to occur," he wrote.

IN AN APPEAL

"Since your 2004 design demonstrated that this project can be constructed to prevent a direct discharge to waters of the state, the Agency has determined that your current application is not in conformance with Section 1.04.A2 of the Vermont Water Quality Standards," he concluded.

Rivers is currently in an appeal in Vermont Environmental Court on this project. He appealed an Act 250 denial of the project as well as a denial from the town of Moretown's development review board.

Eight days of testimony in the case took place in February and Rivers said he expects there will be another eight days of testimony this fall, and that a decision will be rendered by the end of the year.